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Husband got stopped for a commercial vehicle inspection

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BellaK

Member
What is the name of your state?MN

My husband was driving the company truck back from an out of state job when they were stopped for a routine commercial vehicle inspection. There was no proof of insurance in the truck , no log book , and my husband did not have a DOT health card. He was issued a citation and yesterday received a summons to appear in court regarding these charges. My husband was unaware that he had to have a health card to drive, his employer never informed him of that. As for the insurance there was insurance the card was just not in the truck and the company failed to provide a log book for the truck. My husband feels this is all the companies responsibility since he wasnt stopped for speeding or any other violation. The court he is due to appear in is over 2 hrs from here and he would have to take the day off work to go there. He wants the company to pay him his days wages and any fines he may get since they failed to provide him with the required documents to legally drive and failed to inform him of the need for a health card. He has worked for them for almost 1 yr driving the truck and they never told him about it. What can he do here? he doesnt want this to go on his driving record.
 


JETX

Senior Member
"He wants the company to pay him his days wages and any fines he may get since they failed to provide him with the required documents to legally drive and failed to inform him of the need for a health card."
*** The ultimate responsibility for complying with the laws falls on the DRIVER of the vehicle. It was his responsibility to make sure that he was in compliance with the laws BEFORE he got behind the wheel.

"He has worked for them for almost 1 yr driving the truck and they never told him about it."
*** See above.

"What can he do here?"
*** He can either plead guilty and pay the fines, or can go to court and hope that they will be lowered. And though the company may have a 'moral' obligation to help their drivers, they have no LEGAL obligation to do so.

"he doesnt want this to go on his driving record."
*** His 'wants' have little to do with this.
 

lwpat

Senior Member
This is the latest revenue generating tactic of the State DOT's.

I doubt that your husband's employer was aware of the regulations. Most are not and their drivers are easy pickings for several tickets. For a complete discussion see the article "Is your Pickup a CMV" at

http://www.speedingticketcentral.com/commercial-motor-vehicle.html

I recently saw a DOT officer issue 12 tickets to three small trucks owned by a painting contractor. Unlike a CDL driver that takes a test to know the regulations, the only way the driver of a small truck is to know is when he is issued a citation.

Unfortunately as the driver he is legally required to be aware of the regulations and he is also responsible for the fines. If they are not paid his license will be suspended and a warrant for his arrest will be issued.

If he can provide to the court proof of insurance this will likely be dropped. While the company should pay for the fines the insurance requirement is the only one that you would have a chance of recovering in small claims court.
 

BellaK

Member
My husband spoke with his employer about it and they said that they would go with him to the court date to represent their company and would pay any fines he recieved and pay him for having to take time away from work. They also said that if for some reason they were unable to go to his court date they would also pay him milage for driving his own vehicle down there.
 

lwpat

Senior Member
I'm glad to hear that he works for a reputable company. If they have any questions about the regualtions have them contact me.

He needs to get his heath card and learn how to fill out the logbook to avoid future problems.
 

JETX

Senior Member
Sounds like a very reasonable and understanding employer..... who realizes his value to the company.
 

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